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Commonly Asked Questions about Divorce Settlements

While it can be frustrating to have to bear the burden of legal fees in a divorce, you cannot force your spouse to pay for your legal fees in a divorce in the state. When you sit down to hire an attorney, you should discuss your financial situation with your partner.
Q: How Many Years Do You Have To Be Married To Get Alimony in New York, NY? A: New York does not have a specific amount of time that a couple must be married before either spouse qualifies for spousal maintenance.
New York is a state that enforces an equitable distribution of assets in divorce proceedings. This means that marital property is divided 50/50 but in a way that is equitable and fair. When determining what is equitable, the court takes several factors into account.
This process normally takes between 6 and 8 months from start to finish, as court lead times are currently longer than they used to be. However, if you are not in agreement, and particularly if your spouse is not willing to disclose their financial position, then it can take much longer; up to 12 to 18 months or more. Divorce Financial Settlements - Dawson Cornwell dawsoncornwell.com financial-claims divorce- dawsoncornwell.com financial-claims divorce-
New Yorks equitable distribution law specifies that you are entitled to a division of all marital property assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses income, purchases made with that income, and retirement benefits.
A financial settlement in divorce is an agreement between both parties on how to split all relevant assets, including things like property, savings, investments and pensions. If there are dependant children involved, it could also set out the details of child maintenance payments going forward. What am I entitled to in a divorce settlement? - Alsters Kelley alsterskelley.com divorce-settlements alsterskelley.com divorce-settlements
While divorce itself does not directly affect credit scores, the financial upheaval it brings can. Joint accounts, if not managed properly during and after the divorce, can lead to missed payments and increased debt, negatively impacting credit scores.
Despite their best efforts to arrive at an equitable agreement, financial disparities between spouses after divorce are a reality for some couples. There is a good body of research on the subject that shows women bear the heaviest financial burden when a couple divorces.
Is New York a Community Property State? New York is not community property or a 50/50 state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the states equitable distribution laws.
How to Get Back on Your Feet Financially After a Divorce Create a Budget and Stick To It. Focus on Whats Important. Pay Down Debt First. Boost Your Credit Score. Generate More Income. Spend Money Wisely. Find Alternate Accommodations. Getting Back on Track After a Divorce: Its Tough, But Worthwhile.